Public Act 098-0417
 
HB2473 EnrolledLRB098 05215 HEP 35247 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 12-107.5 as follows:
 
    (735 ILCS 5/12-107.5)
    Sec. 12-107.5. Body attachment order.
    (a)  No order of body attachment or other civil order for 
the incarceration or detention of a natural person respondent 
to answer for a charge of indirect civil contempt shall issue 
unless the respondent has first had an opportunity, after 
personal service or abode service of notice as provided in  
Supreme Court Rule 105, to appear in court to show cause why 
the respondent should not be held in contempt.
    (b)  The notice shall be an order to show cause.
    (c)  Any order issued pursuant to subsection (a) shall 
expire one year after the date of issue.
    (d) The first order issued pursuant to subsection (a) and 
directed to a respondent may be in the nature of a recognizance 
bond in the sum of no more than $1,000. 
    (e) Upon discharge of any bond secured by the posting of 
funds, the funds shall be returned to the respondent or other 
party posting the bond, less applicable fees, unless the court 
after inquiry determines that: (1) the judgment debtor 
willfully has refused to comply with a payment order entered in 
accordance with Section 2-1402 or an otherwise validly entered 
order; (2) the bond money belongs to the debtor as opposed to a 
third party; and (3) that any part of the funds constitute 
non-exempt funds of the judgment debtor, in which case the 
court may cause the non-exempt portion of the funds to be paid 
over to the judgment creditor. 
    (f) The requirements or limitations of this Section do not 
apply to the enforcement of any order or judgment for child 
support, any order or judgment resulting from an adjudication 
of a municipal ordinance violation that is subject to Supreme 
Court Rules 570 through 579, or from an administrative 
adjudication of such an ordinance violation. 

(Source: P.A. 97-848, eff. 7-25-12.)